United States v. Galindo-Saucedo

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
November 7, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20871
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS GALINDO-SAUCEDO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(4:02-CR-379-1)
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Jesus Galindo-Saucedo appeals his
212-month sentence imposed following his guilty-plea conviction for
conspiracy to distribute five kilograms or more of cocaine.
Galindo argues that his sentence should be vacated and the case
remanded for resentencing before a different judge because the
government breached the plea agreement by failing to recommend a
sentence at the low end of the applicable guideline range at the
sentencing hearing.

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2
Under the terms of the plea agreement, the government was
required to recommend that Galindo receive a sentence at the low
end of the applicable Guideline range if Galindo complied “fully
with all the terms of this plea agreement, specifically including
his successful efforts to earn a substantial assistance downward
departure as set out herein.” Galindo did not successfully earn a
substantial-assistance downward departure as plainly required under
the terms of the plea agreement, and he conceded as much at
sentencing. Thus, the government’s failure to make the
recommendation was not error, plain or otherwise. See United
States v. Reeves, 255 F.3d 208, 210 (5th Cir. 2001); United States
v. Olano, 507 U.S. 725, 732 (1993).
AFFIRMED.

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